6. No fee paid

Date Published

If no fee is paid in relation to a document requiring a fee, the following procedures apply:

6.1  Receipt of documents requiring a fee but for which no fee has been paid

6.1.1

If filed via paper, a non-payment receipt is given to acknowledge receipt of documents.


6.1.2

The document is stamped with the date received.


6.2  Processing the document (other than new trade mark applications)

6.2.1

If no fee is paid and there is no authorisation of payment, a Notice of Underpayment (NoU) will be issued.


6.2.2

The document and NoU is automatically added to the relevant RIO file.


6.3  Notification of non payment

6.3.1

The Registrar notifies the person of the non-payment of the fee as soon as possible.  If the notification is given verbally it must be confirmed in writing.


6.3.2

If the Registrar notifies the person within the 14 days allowed by subsection 223(5) (reg 21.23), the document is taken not to have been filed until the fee is paid.


6.3.3

If the Registrar does not notify the person within the 14 days allowed by subsection 223(5) (reg 21.23), the document is taken to be filed on the date it is received.


6.3.4

The notification is recorded in the outbound correspondence record.


6.3.5

If notification occurred within 14 days, when the payment is made, the document is taken to have been filed on the date the money is received.  The receipt date for this money is the filing date.


6.3.6

If notification did not occur within 14 days, the receipt date of the document is the filing date, and the date must be adjusted when the fee is allocated.


6.4  Tracking documents for which no fee has been paid or a fee has been underpaid

6.4.1

Other than new trade mark applications, these documents are tracked using manual records through a 10 business day (5 days for hearings/oppositions) period and a refund processed if relevant.